Commentary on Ordinance No. 23411 of 30/08/2024: Requirements for Access to Seniority Pension

The topic of seniority pension is of fundamental importance for many Italian workers. Ordinance No. 23411 of August 30, 2024, offers significant insights into the issue of access requirements for this social security benefit, particularly regarding the derogation regime provided for by art. 24 of Legislative Decree No. 201 of 2011.

The Derogation Regime and Seniority Pension

The judgment under review clarifies that the derogation regime for seniority pension access requirements, as amended by Law No. 208 of 2015, applies to workers who, after the termination of their employment relationship, have not undertaken permanent employment. This aspect is crucial, as it defines a condition for accessing seniority pension that could be favorable in certain circumstances.

SENIORITY Access requirements and commencement - Derogation regime pursuant to art. 24 of Legislative Decree No. 201 of 2011, converted with Law No. 214 of 2011, as amended pursuant to art. 1, paragraph 265, letter c, of Law No. 208 of 2015 - Prerequisite - Failure to engage in permanent employment - Workers hired on probation after service termination - Applicability - Conditions. In matters of old-age pension, the derogation regime for pension access requirements under art. 24 of Legislative Decree No. 201 of 2011, converted by Law No. 214 of 2011, extended temporally, provided the legal prerequisites are met, pursuant to art. 1, paragraph 265, letter c), of Law No. 208 of 2015, applies to workers who, after the termination of their relationship, have not engaged in activities attributable to the paradigm of permanent employment. Consequently, hiring on probation does not preclude the application of the derogation if the relationship is terminated before the probation period is successfully completed.

Implications of the Judgment

An interesting aspect of the Ordinance concerns the issue of probationary employment. The Court has established that such hirings do not preclude the application of the derogation to pension access requirements, if the employment relationship is terminated before the probation period is successfully completed. This means that workers in this situation can benefit from the derogation provisions, increasing their opportunities to access seniority pension.

• Clarity on seniority pension access requirements.
• Importance of the absence of continuous permanent employment.
• Recognition of probationary hirings as not precluding pension access.

Conclusions

In summary, Ordinance No. 23411 of 2024 represents an important ruling in social security matters, clarifying the requirements for accessing seniority pension and the specific conditions for the applicability of the derogation regime. This judgment not only offers useful guidance to workers but also to legal professionals dealing with social security and labor law, providing tools to navigate a complex and constantly evolving field.